Domestic Violence

Domestic Violence Prevention and Restraining Orders

Domestic Violence is an ongoing and pernicious problem in our society. The BERNIKER & PFAFF Law Firm can help you get through the emotionally charged process and help protect you and your loved ones. 

Domestic violence is abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship (married or domestic partners, are dating or used to date, live or lived together, or have a child together).

The domestic violence laws say “abuse” is:

• Physically hurting or trying to hurt someone, intentionally or recklessly.
• Sexual assault;
• Making someone reasonably afraid that they or someone else are about to be seriously hurt (such as threats or promises to harm someone); or
• Behavior like harassing , stalking, threatening , or hitting someone; disturbing someone’s peace; or destroying someone’s personal property.

Domestic violence is not just physical abuse. Abuse can be verbal (spoken), emotional, or psychological. You do not have to be physically hit to be abused. Often, abuse takes many forms and abusers use a combination of tactics to control and have power over the person being abused.

BERNIKER & PFAFF can also help defend you against unsubstantiated claims of domestic violence if a restraining order has issued against you.

We understand the repercussions of that finding of domestic violence, such as Family Code Sec. 3044 which carries  a finding that there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to the abuser is detrimental to the best interests of the child. We can help you navigate the legal process of defending against claims of domestic violence and help convince the court that it is safe for the child to be in your custody.